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Page added on September 1, 2012

Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers

Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers thumbnail

International advisors to the Commission of National Inquiry (CNI) – Judicial Advisor Sir Bruce Robertson and Legal Advisor Professor John Packer – have defended the commission’s independence and professionalism in the wake of criticism from the MDP’s representative.

Ahmed ‘Gahaa’ Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and misleading translations.

“Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation,” stated Robertson and Packer, in an appendix to the report. “The other member was not at all times willing or able to act independently and resigned the evening before the report was submitted and published.”

Saeed’s resignation created “discord and mistrust” in a community “in desperate need of reconciliation”, the pair claimed, defending the professionalism of the CNI’s methods.

“We have seen nothing but objective and independent professionalism in the institution. The Commission has sensibly and sensitively heard all who wanted to make a contribution. It has firmly and fairly held participants to telling what they had heard and seen for themselves and deflected them from conjecture and speculation without facts.”

“The nation has been well served by the Commissioners and any assertions of bias or lack of objectivity levelled against those remaining have no justification. They reflect badly on those making unfounded allegations,” Packer and Robertson stated.

“For the evidence collecting exercise to have value all witnesses had to be questioned and challenged about their recollections of events and the basis for them. Equally they had to be confronted with alternative evidence so they had the opportunity to comment on it. Some found this process unsettling. Many were familiar and only comfortable with making assertions and not being required to justify or explain how they had reached their view,” they noted.

As the evidence unfolded, the advisors said they observed “a national obsession with street demonstrating at an alarming level”.

“Some would want to call [this] an example of the rights of freedom of expression and assembly. In reality it is rather more bully-boy tactics involving actual and threatened intimidation by a violent mob,” they stated.

“This perpetual behaviour is sapping public life and hindering the Maldives’ development as a modern democracy.”

The evidence revealed longstanding tensions in the Constitution as a result of a Presidential system being “grafted” on to a parliamentary system.

“The creation of independent commissions will only be the safety valve intended when they are adequately resourced and fulfil their mandates in a timely and decisive manner,” they observed.

Furthermore, “Fundamental to the operation of a modern democratic society is the existence of an operating and absolutely independent judiciary which has the confidence of the entire community. Radical action is required to breathe utility into much of the state framework, especially to ensure the proper administration of justice. This cannot wait.”

Dunya writes to McKinnon

The comments from the international advisers followed a letter sent to Commonwealth Envoy to the Maldives Sir Donald McKinnon by State Minister for Foreign Affairs Dunya Maumoon., daughter of former President Maumoon Abdul Gayoom.

In the letter, obtained by Minivan News, Dunya advises McKinnon that Saeed had “put the Commission’s work at risk by publicly questioning the credibility of its draft report, three days before its scheduled publication.

“He has also questioned the integrity of the highly respected senior judge from Singapore, Justice Selvam, the Co-Chair of the Commission, who was recruited by the Commonwealth. This is a disturbing development that could inflame the already heated political environment in the Maldives,” Dunya wrote.

She informed McKinnon that it was “time the Commonwealth puts into perspective the pattern of behavior by former President Nasheed since he resigned from the office of President, and ponders the credibility of his accusations and claims.”

“The government is committed to bringing stability into the country and cultivating the values of democracy in the Maldives,” she claimed.

“You may recall that while accepting Mr Saeed’s name to the CNI, the government made it very clear its strong reservations about Mr Saeed’s impartiality and independence because of his close associations with the MDP.

“We request you call upon former President Nasheed and his supporters in the MDP, as well as Mr Saeed, to stop their intimidatory actions and let the work of the CNI proceed to a successful conclusion. The Commonwealth’s valuable role in resolving the political tensions in the maldives is a critical one, and that role should also be seen to be fair as well,” Dunya wrote.

“Otherwise there is a risk that the country’s young democracy might be pushed into a steep decline where only chaos will reign.”

Former President Nasheed on Friday accepted the CNI’s report, subject to Saeed’s reservations, however he observed that the report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

Minivan News is currently waiting for a response from MDP Spokesperson Hamid Abdul Ghafoor.

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43 Comments on "Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers"

  1. Metaphor on Sat, 1st Sep 2012 4:14 PM 

    Coni was supposed to uncover the ‘smoking gun’ that was put to Nasheed’s head.

    As we read the report we know a) there was no gun, albeit a smoking gun b) there was not even a threat. c) Zulfa only saw a bulge on a Riya’s pant. d) Anni saw the whole thing as a metaphor.

  2. mariyam on Sat, 1st Sep 2012 4:21 PM 

    So Dunya has reconciled with Commonwealth eh? Now all of a sudden to serve the purpose of keeping her father out of jail, there’s only Commonwealth she can turn to?

    Fact is there is not one member in the CONI who acted independently or could be impartial to the events that happened. And if the international observers noticed that Saeed wasn’t doing his job well in the interest of the nation or the Commissions’ mandate, then it was their job to voice it then, not now. What’s the point of having observers who don’t act on what they observe. A little late for a performal appraisal report isn’t it?

  3. sibling on Sat, 1st Sep 2012 4:24 PM 

    Those remarks are very callous and reflects only a superficial understanding of the reasons for the continued protests on your part, dear observers. This is your narrative. It is by no means the truth, nor does it invalidate counter narratives.

  4. Jameel on Sat, 1st Sep 2012 4:29 PM 

    I wonder what the “bulge” was?

  5. Jadhullah on Sat, 1st Sep 2012 5:02 PM 

    Money talks again & again…..how law can human become in a civilized world?

  6. mindfull on Sat, 1st Sep 2012 5:06 PM 

    While respecting the integrity of the honourable members of the CoNI, I find it very very difficult to doubt the claims of Mr.Saeed (Gahaa), because i know him personally and am of the opinion that he is a man of integrity and high moral character….

  7. mariyam on Sat, 1st Sep 2012 5:15 PM 

    Agree with Sibling.

    They were here as observers for the CNI commission. And it is out of context for them to talk about how the protests are hindering democracy of this country. If they want to make such observations, then they need to do a bit of work to understand the events that lead to such protests. Sitting in AC rooms, while having everything they wanted at their disposal and getting paid a good amount for their “observations” wouldn’t give them any idea about the struggle of the people of this country for basic democracy.

  8. mody on Sat, 1st Sep 2012 5:29 PM 

    Mr. Saeed was hugely influenced by Anni and he is afraid of MDP thugs knowing what is the findings of the CoNi .

    Havings seen what MDP thugs did for their finance minister some time back, Mr. Saeed did not wish to go on that road and that is why he had to quit his job before the release of the report.

  9. Ahmed on Sat, 1st Sep 2012 6:27 PM 

    Totally fabrication and the international community is dong nothing to save democracy in our country

  10. Ahmed on Sat, 1st Sep 2012 6:33 PM 

    Protesting is hindering democracy…lol first time hearing this line

    Did the CNI Advisers mentioned the ipads, 6000 dollars, apples and oranges the Singapore Judge Selvam gave them.

    A North Korean General would have been a better judge than Selvam and co to cook a Report.

    Common wealth and UN should do an audit of this whole process, their accounts, monetary and other gifts the coup leaders gave them. Of the 60 days Selvam was assigned he spent 30 days in Singapore to cook the report.

  11. Looph on Sat, 1st Sep 2012 7:36 PM 

    Such a blame culture. I expected better quality and responsibility from so called international observers. It’s a jocke and it’s too late to try and cover the mistakes made my international observers. Admit damn mistake.

  12. mariyam on Sat, 1st Sep 2012 8:04 PM 

    Mody, included in CONI findings is also confirmation of just how brutal the police were on the 7th and 8th…why would anyone in MDP be afraid of these findings. Looks like its the current government and its political leaders who have trouble facing reality, especially since given that its not a coup, they can’t explain why PPM and DRP are in the government since they were not part of the elected government.

  13. mody on Sat, 1st Sep 2012 8:06 PM 

    Ahmed,

    Common wealth and UN had kept two independent experts to monitor and observe whole process.

    I suggest now Anni need to ask Hardingham to come and produce a report saying this is a coup.

    You were praising and boasting about the international community when they were little suspicious of what had happened on 6th and 7th ? They were suspicious since they only heard what Anni had told them and they never listen to so called ” Baaghees” .

    But once they engaged their own people to carry out the investigation they have now known the truth and they now know it was not a coup and Anni resigned himself.

    We all have seen what had happened prior 7th Feb. and after 7th Feb. too . We have seen from the videos how Anni was behaving inside the MNFD headquarters ?

    We have also heard and learnt that Anni tried to bring a bloodshed at the artificial beach on 6th Feb. too.

  14. @Joking Aside on Sat, 1st Sep 2012 8:22 PM 

    So these comments would label them as baghee?

    Anni., What carrot are you holding in front of your loyal donkeys?

  15. Abu on Sat, 1st Sep 2012 8:55 PM 

    Observers seems they were observing the streets of Male, They were more consumed what was happening on the street rather than looking at the task they were appointed. The same bully boy tactics were used to bring down MDP government and still these observers could not get what has happened during the early days of February. It was just waste of time and money to rubberstamp what the current regime was telling since Anni Government fell. This is banana republic and these foreign baboons are as useless as the fish head Maldivian. Probably these foreign baboons with too much fat in their brain and body were not good enough to evaluate Maldivian politics. Or maybe they have spent more times in the bars with young tourists and forgot the reason why they were here and one day they woke up and somebody told them it is time to have your verdict. Alas…. what verdict? Maldives is just fantastic and beautiful country the only problem is those street boys shouting all night long…

  16. Shahmy on Sat, 1st Sep 2012 10:32 PM 

    Have any one thought about the author of Coni report. Its not from Selvan.

    See the link below
    http://ibrahimshoppe.wordpress.com/2012/08/30/rt-fathuhy-hisaanhussain-do-you-know-linda-leong-or-mckay-leong-is-it-a-coincidence-to-appear-their-name-in-coni-report-httpt-coqnpzpnks/

  17. peasant on Sat, 1st Sep 2012 11:49 PM 

    “bully boy tactics involving actual or threatened intimidation by a violent mob”

    I wonder where they got the idea that violent protests can pay off with political gains! A precedent has been set.

  18. International Observer on Sun, 2nd Sep 2012 12:08 AM 

    Singapore is a police state where the government always wins and this “judge” Selvam has merely adopted Singaporean methods. The Kiwi judge does come from a real democracy and one can only surmise that he has been well paid by the Gayoom regime as his criticism of democracy in action (the street protests) is otherwise inexplicable. Validating the coup has done serious damage to the Maldives meanwhile Baghee Waheed cozies up to the dictator bully in Beijing which loaned it a huge sum of cash (bookings at Bandos are down perhaps).

  19. tsk tsk on Sun, 2nd Sep 2012 2:04 AM 

    I think we all must accept that most political parties in the Maldives have engaged in the activities described in the CoNI international advisers’ comments.

    We have seen “protests” or “demonstrations”.
    - Conducted for no specific reason except to spite a specific person or persons or to incite hatred against them.
    - Conducted near personal residences thereby restricting others’ freedom of movement.
    - Threatening violence and murder against specific individuals.
    - Held in clear violation of domestic laws.
    - Held without regard for the damage to social life, commerce and security.
    - Involving intentional damage to public and private property.

    These sorts of activities are not peaceful demonstrations but rather riots or mob violence. The distinction will take time for the average Maldivian to understand as we have been subjected to media report after media report which popularizes these activities without mentioning the cons.

  20. Don on Sun, 2nd Sep 2012 7:41 AM 

    “We have been impressed by the manner in which the commission has undertaken its unprecedented and awesome task. Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation. The other member was not at all times willing or able to act independently and resigned the evening before this report was submitted and published. Despite a clear and unequivocal agreement to maintain confidentiality about the work and deliberations of the Commission, this was breached. Without any justification, it created discord and mistrust in a community which desperately needs reconciliation,” International Judicial Adviser Sir Bruce Robertson and Professor John Packer said in a statement.

    Enough said

  21. mody on Sun, 2nd Sep 2012 9:04 AM 

    Internation observer. Singapore is the most respectable country in Asia and is also among the top crime free country in the world.

    Maryam., Agree they have highlighted some issues with the police not only 7th and 8th but prior that also.

    These police authority was given illegal orders by Anni and that was the real reason for this issue.

    Anni is not a leader and he is a dictator and we do not want a dictator and need a leader

  22. Dhivehi Gaumu on Sun, 2nd Sep 2012 10:35 AM 

    I would like to hear the interview of Gayoom stooges asigned to Coni. Ismail Shafeeu (gayooms Defence minister), Ibrahim Yasir, Ali Fawaz Shareef

    Baghee Waheed assigned Gayoom loyalists as coni members and staffs.

    Ismail Shafeeu and Yasir were the same guys who whitewashed and hid parts of the investigation report of 2003 Maafusi Jail shootings

  23. Dhivehi Gaumu on Sun, 2nd Sep 2012 10:44 AM 

    UN and Commonwealth helped to Cook the CNI report in association with Dictator Gayoom and Company.
    UN and Commonwealth why are you hiring corrupt officials like Singapore Judge Selvam and his 2 coconspirators, isn’t it a waste of your memberships money and denying justice for millions of people who love democracy and freedom. It will be better to hire independent people from NGO’s and other rights activists and not arbitrators like Selvan who help to preserve Le kuan Yu’s dictatorship, or have a proper mechanism to filter out scavengers like Singapore Judge Selvam.
    The coup leader gets to assign 3 members representing him and set the criteria to select the cochairman of the investigating committee (there was something fishy when Azimaa Shukooru set the criteria that the co chair should be from Singapore). UN, Are you suggesting that next time Bashar Al assad of Syria will be hired UN to investigate the next genocide.

  24. mariyam on Sun, 2nd Sep 2012 10:59 AM 

    Mody how you like to twist facts for your convenience. If police acted illegaly, it’s because of Ani eh? well what about on the 7th and 8th, especially the 8th when they went and beat people up just because they had the power to? They beat Anni and Mariya too, whose order was that? Anni’s? Haha, man come on talk sense will ya!

  25. Looph on Sun, 2nd Sep 2012 11:18 AM 

    Mody Singapore is respectable country in which way? Be more specific. Thr is no way that Judg Selvan can apply same methods n tactics in the Maldives n its current situation. Is thr real democracy in Singapore? All I know is Selvan & other international observers r not qualified enough to access this very unique coup. They tried thr best n they tried calm ppl down by giving presents like iPad, money and etc.. This speaks it self n I let u to figure out the rest

  26. Peace on Sun, 2nd Sep 2012 11:26 AM 

    The CONI report has justified and legitimized mob violence topple governments. security forces too can do it. Can thousand such CONI can convince the Maldivians?

  27. nasir on Sun, 2nd Sep 2012 11:36 AM 

    Lot of people justifies the police action to be acceptable because Anni has done mistakes. But the question is did the police have legal authority to rebel against the State, or did police act because Anni was giving them unconstitutional orders, what was these unconstitutional orders, was it leave the area where the two rival parties were clashing? If the police felt that doing so would result injuries to clashing parties and disobeyed the orders, than whom they were protecting? If we look at what has happened, the police had bias with anti government demonstrator and they wanted to protect them and once the police got free hand they went on rampage and did not regard the MDP supporters in the same context that they also were to be protected. So those who condone the act of police have no brain or so much lost with the hatred they had with Anni they can’t think properly. We can’t let the State run with will of people who hold guns in their hand. Now the Maldivian political power hangs between few gudas on the street and the police. No regards what so ever about to refer to State constitution to solve the issues constitutionally, not emotionally.
    One thing Maldivian judiciary should learn is that the whole problem is with the judicial system because they are unable to act with the best interest of people and always act unreasonably with individual’s interest, If you look at Coni ‘s report it is obvious their ruling was to calm the political unrest in Maldives disregarding to solve the problem based on what is written in the constitution of Maldives.
    Judiciary should have acted with Anni without showing their bias with opposition. They have always ruled against the government when Anni was in power, Judiciary should have taken action against Judge Abdulla to investigate his case that government put forward, at least by releasing him from his judicial seat, if that was happened, we might not have seen the political problems what we see today. The whole problem was we have uneducated Islamist ideological people in judicial system who were against Anni because they thought Anni was too liberal and it was not acceptable to them.

  28. Don on Sun, 2nd Sep 2012 11:44 AM 

    @Looph.. What’s an Ipad worth to a chief judge in a country which has a minimum wage of $4500 per month for even a basic management job. He probably makes atleast a $150,000 dollars in his Singaporean employment, and our government is bribing him with a damn Ipad? LOL

    And Respectable in which way? Almost near zero crime, Exceptionally great infrastructure, even exceeding countries like Australia, Has one of the best universities in the world (NUS which is the 15th, and far higher than most canadian and european universities outside of the U.K and germany), pioneers in pharmaceuticals, genetics and nanotechnology (which the government has funded billions in research), Standard of living and opportunity for an average Singaporean is exceptional, compared to most countries in the world (again 15th most liveable from the liveable cities index)

    and far more damn peaceful than most european countries.
    Respectable, yes extremely.

  29. Don on Sun, 2nd Sep 2012 11:45 AM 

    $150,000 per year (in the comment above)

  30. Impartial Comments on Sun, 2nd Sep 2012 11:55 AM 

    Chaos has been reigning since 2005. Life’s no different. We normal people just walk around the barricaded roads and frothing madmen and madwomen on the streets. It was interesting for a while, but now it’s more like a fad.

    Like Bell Bottoms and Big Hair, one hopes this insanity will pass and people will find joy in new and better things.

  31. Dhivehi Gaumu on Sun, 2nd Sep 2012 12:34 PM 

    @Don

    the ipads and oranges were baits to taking bribes, Whats the use of a resort island lease to a corupt singapore judge like selvam?

    “Not only have tax evaders found a haven in Singapore, money-launderers are also flocking to the city-state. Former chief economist at Morgan Stanley, Andy Xie, wrote in a private email that was inadvertently leaked to the public, said that Singapore’s financial success “came mostly from being the money laundering center for corrupt Indonesian businessmen and government officials.”

    http://taxjustice.blogspot.com/2008/12/singapore-asias-dirty-casino.html

  32. mariyam on Sun, 2nd Sep 2012 12:34 PM 

    Nasir agree with you totally.

    Don, I guess you are missing the point about the ipad. It’s not about the cost or worth of an ipad to the highly paid judge, its about giving expensive or any gifts to comission members. When you look at good governance and transparency, giving gifts no matter how big or small, within a professional context is not acceptable. And I am amazed that the international observers from UN and Commonwealth found it acceptable. If the Judge wanted to give gifts to the commission members, then it should have been done in his personal capacity outside of the CNI and definetly after the report had been completed and published! Giving such gifts while the work was going on implies he was trying to influence the thinking of the other members, and whether you like it or not, it looks very suspicious.

  33. alif on Sun, 2nd Sep 2012 12:36 PM 

    This world is now out of balance…

    coup in maldives now become legal coup..
    If there was no coup, then WHY when they attack and hijack MNBC that day???

  34. mody on Sun, 2nd Sep 2012 1:53 PM 

    Mariyam and Loop,

    You guys who may have got hide cut during Nasheed regime, will never want to hear and see anything . For you guys Anni is the GOD and God will nerve betray its people and God will never do any wrong to the people.

    Common get out of the nutshell and see the world through your own eyes not through Anni.

  35. mariyam on Sun, 2nd Sep 2012 2:23 PM 

    Alif, exactly. And if there was no coup, why are DRP and PPM in the current government? PPM wasn’t even a party when we last voted and DRP did not win the election. So maybe Hassan Saeed is right, its a unique sort of coup ;)

  36. eyes from afar on Sun, 2nd Sep 2012 2:52 PM 

    I am not a Maldivian and have no party affiliation with any Maldivian Party. I also want to preface from the time Judge Abdulla was arrested I have followed nearly daily the events in Maldives and researched all sides with great interest and objectivity even to this day. My initial comments are in response to comments already made here.

    Comment to Mariyam:

    mariyam

    “And if the international observers noticed that Saeed wasn’t doing his job well in the interest of the nation or the Commissions’ mandate, then it was their job to voice it then, not now. “

    As stated in the report: The Commission’s proceedings and deliberations were to remain confidential at all times and no Commissioner or Adviser was to communicate with or disseminate confidential information to third parties outside of the Commission. The Commissioners were to behave and perform their duties independent of external influences.

    “And it is out of context for them to talk about how the protests are hindering democracy of this country. If they want to make such observations then they need to do a bit of work to understand the events that lead to such protests. “

    I am wondering if you have even read the report or objectively observed the events that have taken place in recent years Mariyam. Because if you had you would have read over a dozen incidents where Nasheed gave orders in direct violation of the constitution. In my country we regard the constitution in much higher regard than any man.

    In regards to your comment to Mody:

    Mody how you like to twist facts for your convenience. If police acted illegaly, it’s because of Ani eh?

    I give Mody credit he has read the report. Nasheed gave direct orders on many occasions undermining the judicial system, the police force, the military, the media, political parties, individual freedoms, even his own government and especially your constitution. The solution is not to stand behind the man at all cost who has tossed out the constitution himself.

    nasir on Sun
    “Judiciary should have acted with Anni without showing their bias with opposition. They have always ruled against the government when Anni was in power, Judiciary should have taken action against Judge Abdulla to investigate his case that government put forward, at least by releasing him from his judicial seat, if that was happened, we might not have seen the political problems what we see today.”

    If the Judiciary had taken such action they would have been unconstitutional actions. If that is the consensus with you all, call for the removal of the constitution or offer yourselves up to the police for your written comments all over the web ask for your imprisonment for your wrongdoings (i.e. speaking your mind)

    I realize the majority of the people reading this post will slander me and ridicule what I say and that is your right for now. Each day these activities continue (demonstrations, bantering, scoffing, following a man instead of your God given Constitution) it jeopardizes every right you currently have. You say you want democracy but democracy calls for prudence. And I dare any of you who don’t know the meaning of prudence to look it up and take it to heart for yourself as well as your fellow countrymen. And then read the report completely, objectively and understand what I have seen with my own eyes from afar.

  37. Don on Sun, 2nd Sep 2012 3:50 PM 

    @mariyam..
    “We have been impressed by the manner in which the commission has undertaken its unprecedented and awesome task. Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation. The other member was not at all times willing or able to act independently and resigned the evening before this report was submitted and published. Despite a clear and unequivocal agreement to maintain confidentiality about the work and deliberations of the Commission, this was breached. Without any justification, it created discord and mistrust in a community which desperately needs reconciliation,” Statements by International Judicial Adviser Sir Bruce Robertson and Professor John Packer.

    There’s going to be an election next year, We all can settle this issue in the most civil manner then. And if there isn’t, wouldn’t mind protesting with you all on the street if that happens since that would be unconstitutional

  38. mariyam on Sun, 2nd Sep 2012 4:05 PM 

    @eyes from afar on Sun

    Looks like you have a bit of more research to do before you go around judging the situation here :)

    Sure the proceedings of CNI should be confidential, and I am in no way implying that it should not have been. But if the Observers felt that if one member was not acting independently then, there should have been a way for them to highlight that before the report is completed and published. It’s hardly making public the discussions of the CNI. When these observers come out and talk the way they have done now, after the completion of the report and after Saeed pointed out the missing information in the report, it merely sounds like they are defending themselves for not making the observations they were supposed to make.

    And yes, “eyes from afar on Sun”, I have read the report :) but I am wondering why you someone who claims to be so objective is defending the coup? Sure the report rules that it is not, but then again it fails to explain if it was not a coup, why are political parties such as DRP and PPM that were not part of the elected government, a part of the current government today? As there’s no answer to that its easier to omit it from the report. And I agree that President Nasheed should not have detained the judge without a court order, but does the constitution say that police and military can mutiny against the president of this country? Your objectivity is rather biased I think if you can justify that. Which ever your country is, it’s not the only country where the Constitution is respected, even we do, and it is because of that very Constitution that everyone is acting the way they are doing, starting from the detention of the judge to the coup, to the current protests. You fail to understand Maldives, you fail to undersand the political culture here and you fail to understand the challenges we face coming out of a 30 year dictatorship, and yet you are so quick to judge us. Let me educate you that not everyone out there on the streets are there because they are behind one single person. A lot of us are there because we do not want a military state and we do not want DRP and PPM in our goveernment as they were not elected to be a part of this government.Now how very Constitutional is that? Looks like no matter how objective you claim to be, you apply the Constitution only to President Nasheed’s actions and not to those in the current government ;) You like so many people in the government, are quick to point out how unconstitutional Nasheed has been, and yet think a coup is consitutional and police brutality is constitutional and the presence of unelected parties in the government is constitutional. Maybe you are too far away to see thing clearly ;)

  39. mariyam on Sun, 2nd Sep 2012 4:17 PM 

    Mody so going by your logic do tell us what sort of a cut you are getting from this government? or what did you get while Maumoon was in power?

    Hard as it is for you to accept I am using my own eyes and mind to see and understand what is happening here. I am neither a member of MDP or any other party, but just a citizen who is really mad that an elected government was overthrown in the name of the Constitution, and Islam, and what do we see here today? More acts that are against the Constitution and Islam. Mody, why don’t you face reality instead of letting your hate for MDP blind you to the events unfolding right under our nose and right in front of our eyes. Call for an election now, and if DRP or PPM or whatever party wins, I can accept it. All I want is an ELECTED government. Too much to ask for?

  40. nasir on Sun, 2nd Sep 2012 7:39 PM 

    @eyes from afar on Sun

    It does not seem you are a foreigner, because your interpretation of everything is done from a Maldivian mind. Why do you think Investigating Abdulla’s case was not constitutional? The way Abdulla is portrayed, he was a worst criminal, and no one has done anything about it. He holds a very responsible position and his integrity was very important and it was very much connected with National security at a time when Maldives was experiencing very turbulent political climate. In Maldives where people act with emotion in highly sensitive environment, Abdula was playing a crucial role opening courts in odd hours issuing warrants and releasing people without considering the outcome of such behavior. The CIN and most of international actors do believe the judiciary is not competent to handle democratic principles.
    I believe a democratic constitution is to protect individual liberty and anything that hinders individual liberty has to be investigated. After the democratic transition in Maldives, everything was chaotic; the individual liberty was not defined, the parliament was a battle ground, the judiciary was constituted with people who had barley any education. Your comments do not seem coming from unbiased foreign person who was following the Maldives from 2008 and would not write such crazy things with any knowledge about Maldivian culture and people.
    Removal of constitution does not warrant for a police State, it leads to anarchy. The constitution you are talking about is, what brings anarchy in to Maldives now, and police are rouge element in this society. God never give constitution, he not there to write constitution for you, god has created men free with a brain to dictate their own destiny.
    Anni’s fall was good, though it was not constitutional. Anni was a democratic person and Maldives was not ready to be a fully functional democracy with that god given constitution, and Anni was not right person to uphold that undemocratic constitution. Abdulla was the right person to protect that constitution because it can be done by a criminal. Now Maldives is leading to a police state by upholding your god given constitution and if there was no Anni, we are all in the police hand, chained and incarcerated with your god given constitution.

  41. eyes from afar on Mon, 3rd Sep 2012 12:28 AM 

    @ Mariyam
    I have and am objectively observing the situation there, not judging. There have been countless video, pictures, writings and opinions from all sides that I have spent hours upon hours of my own time understanding the plight of the Maldivians during these crucial times. If you have any factual information I have not seen thus far please bring it to my attention.

    In regards to the “defense” of the international advisers consider their positions as outsiders devoting hundreds of hours of their time to arrive at a factual conclusion based on evidence encouraging Maldivians as a whole to move forward in their young democracy. To come out early with their concerns of procedures would have undermined their whole purpose. If Saeed was so concerned early in the proceedings it was his right to resign and make a spectacle of the process furthering the division in the country. Yet he waited until the completion of the task undermining the work of the whole committee who only had your future on their minds. Their appendix reiterates their concerns and desires for Maldives future.

    I cannot defend a coup which never happened. Based on the evidence and the events that took place long before his resignation it is regrettable but not surprising the way Nasheed proceeded the days after
    his resignation. Consider the fact that Nasheed devised and created a distraction causing the nation such great political and economic upheaval and then perpetrated it throughout the world.

    “why are political parties such as DRP and PPM that were not part of the elected government, a part of the current government today? As there’s no answer to that its easier to omit it from the report.”

    Consider your reasoning, if the coalition alliance had not formed Nasheed would not have become President. If it wasn’t for the reformed Constitution would this had happened. I want to make it perfectly clear at this point I SIDE WITH NO POLITICAL PARTY I only desire the spirit of the constitution be honored and respected by all.

    “but does the constitution say that police and military can mutiny against the president of this country? Your objectivity is rather biased I think if you can justify that. “

    Your country was on the verge (within hours) of civil war because of the decisions and orders the then President Nasheed had made for a period of time. Can you justify that? The facts show Nasheed asked the opinion of others what he should do (resign). How do you call that mutiny? If anything they saw the illegitimacy of the previous orders given by Nasheed and concluded the best thing was to respect the office of the Presidency and the Constitution.

    I am not denying your respect for your Constitution only taking into consideration prudence in honoring your Constitution and Country.

    “You fail to understand Maldives, you fail to undersand the political culture here and you fail to understand the challenges we face coming out of a 30 year dictatorship, and yet you are so quick to judge us.”

    I hold judgment on no one. I DO UNDERSTAND quite well and wish only the best for the people of Maldives.

    “Looks like no matter how objective you claim to be, you apply the Constitution only to President Nasheed’s actions and not to those in the current government “

    I have and will continue to observe the current government for any violation of any constitutional acts you can be assured I will comment.

    “the presence of unelected parties in the government is constitutional.”

    I think what you really mean to say is “party affiliates” who are a part of a government which under the constitution has the right to appoint their cabinet members. Also I believe you disregard the diversity of the cabinet members and don’t forget the MDP was offered positions in the cabinet which they refused.

  42. eyes from afar on Mon, 3rd Sep 2012 2:48 AM 

    @Nasir

    “Why do you think Investigating Abdulla’s case was not constitutional? The way Abdulla is portrayed, he was a worst criminal, and no one has done anything about it. “

    The premise behind the arrest of Judge Abdulla was based solely on the fact that he would not allow charges to be brought against a citizen who had opinions about the administration of President Nasheed that he wished to publish. Assuming you are a citizen of Maldives consider the fact that if all of your opinions that have been publicized were brought under the scrutiny of the current government would it be right to arrest you and bring charges against you for them. Of course not.
    The “ portrayals” are just that not facts of truth. If there are facts of truth to be dealt with it begins with the authority of the Judicial Service Commission.

    Your constitution states:

    A Judge may be removed from office only if the Judicial Service Commission finds that the person is grossly incompetent, or that the Judge is guilty of gross misconduct, and submits to the People’s Majlis a resolution supporting the removal of the Judge, which is passed by a two-thirds majority of the members of the People’s Majlis present and voting.

    “Removal of constitution does not warrant for a police State, it leads to anarchy. “

    My point exactly, the Constitution is very fragile to the whims of people. If not kept in check by all who respect its spirit, chaos and anarchy can take hold and then where are you.
    I have spent hours understanding your constitution although no constitution is perfect no one should reject portions of it because it doesn’t fit ones beliefs and opinions at the time.

    “God never give constitution… “

    Mincing of words does not solve the problems they only incite more problems. This has been the conduct of many. Not only of your country issues but throughout the ages in countries around the world with well meaning people.
    My words may not have been the correct words but the spirit of the words are what should be considered.

    “Anni was not right person to uphold that undemocratic constitution…. “

    I hope I am sensing a bit of sarcasm and cynicism

    “ Now Maldives is leading to a police state by upholding your god given constitution “

    Maldives was leading to a police state prior to Nasheed’s resignation. His own actions taken prior to his resignation spells that out clearly.

    Again I want to reiterate I am neither pro or con to any party affiliation or government officials past. present or future. I recognize the discord within the country that has such a promising future, once the dust settles and the country unifies itself towards that future.
    Consider the common goals of the country and as a whole rally around that common goal. Then watch your democracy flourish. Keep your leaders accountable to the Constitution not just the beliefs, opinions or interpretation of others.

  43. nasir on Mon, 3rd Sep 2012 10:55 AM 

    @eyes from afar

    You have quoted me out of context, I did not paint a picture to show that arresting Abdulla was something necessary and constitutional, and his orders to release those individuals, government charged for having different opinion was wrong. However I find it difficult to accept from people to publish and write fabricated twisted assumption to mislead some innocent gullible population specially who claims they want serve people just to score political goals. My argument was, considering the volatile situation in Maldive, the judiciary had an upper hand to calm the situation if they have acted professionally.
    I may be wrong, but my conception of Anni is; he may have ordered that was unconstitutional, and violates sprit of individual freedom of expression in few cases. But in general, he was the most democratic person we have seen in Maldives, he has never took any actions against any individual for mudsling his character or criticizing his policies unlike his predecessors who had incarcerated people just for saying they didn’t like the president, he couldn’t have done it even if he wanted because that was his platform to launch his political career to fight for freedom of expression. I think the action he took was barely to survive till end of his term because it was obvious that the opposition was moving to a very dangerous direction to use tactics to play with people’s emotion in a traditional society. I do understand the opposition had used the situation that was created by Anni by giving impression that he was directing Maldives to get secular status. But the question is, was he able to do that with current Maldivian constitution with the traditional society and a majority extreme Islamist legislature.
    All my comments are reflected from a rational point of view from a prospect of liberal minded person. You are definitely thinking from a different angle and have personal opinion and probably advocating for a traditional society, the whole debate is not whether Anni was violating the rights of freedom of expression, no one will question him if he violated individual freedom of expression if it was against any person who condemns, child marriage, stoning, veiling woman, degrading women, cutting hands, flogging women.


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